Graves v. Waller
Supreme Court of Connecticut
This was an action for a libel. The declaration alleged, that there being sundry suits at law pending in the courts of Litchfield county, brought by the plaintiff against Syl-vanus Merwin, and various controversies and matters of difference existing between them, it was, on the 16th of October 1845, agreed between them to refer all such suits, controversies and matters of difference to the final arbitrament of three persons, under a rule of court; that such reference being…
Read the full summary
This was an action for a libel. The declaration alleged, that there being sundry suits at law pending in the courts of Litchfield county, brought by the plaintiff against Syl-vanus Merwin, and various controversies and matters of difference existing between them, it was, on the 16th of October 1845, agreed between them to refer all such suits, controversies and matters of difference to the final arbitrament of three persons, under a rule of court; that such reference being accordingly made a rule of court, at an adjourned term of the superior court then in session, the arbitrators, on the 6th…
1Opinion of the CourtEllsworth, J.
The question for our consideration, is, should the judge below have charged the jury as claimed by the defendant ? We see no ground of error whatever.
There is no pretence, but that the publication, as entire, is libellous and actionable, if it be untrue. Now, to involve this question, the defendant selects a part of the libellous matter, and asks the court to Instruct the jury, that such extract, separate and isolated, is not defamatory. The plaintiff had not claimed, that it was. He had only claimed, that the entire writing was. Hence the defendant showed no occasion or propriety for the…
2Cited by4 opinions
- Stevens v. StorkeCalifornia Supreme Court · 1923
- Gregory v. AtkinsSupreme Court of Vermont · 1869
- Blake v. Hearst Publications IncorporatedCalifornia Court of Appeal · 1946
- Whitney v. Janesville GazetteU.S. Circuit Court for the District of Western Wisconsin · 1873